Martinez v. Connecticut

• Decision Date: 21 September 2011
• Docket Number: Civil Action No. 3:09cv1341(VLB).
• Parties: Nilda MARTINEZ, Plaintiff, v. State of CONNECTICUT, STATE LIBRARY, Defendant.
• Court: U.S. District Court — District of Connecticut

817 F.Supp.2d 28

Nilda MARTINEZ, Plaintiff,

v.State of CONNECTICUT, STATE LIBRARY, Defendant.

Civil Action No. 3:09cv1341(VLB).

United States District Court, D. Connecticut.

Sept. 21, 2011.

William Sylvester Palmieri, Law Offices of William S. Palmieri, LLC, New Haven, CT, for Plaintiff.

Maria A. Santos, Attorney General's Office, Hartford, CT, for Defendant.

MEMORANDUM OF DECISION GRANTING DEFENDANT'S [DOC. # 32] MOTION FOR SUMMARY JUDGMENT

VANESSA L. BRYANT, District Judge.

Before the Court is a motion for summary judgment filed by the Defendant, State of Connecticut State Library. The Plaintiff, Nilda Martinez (“Martinez”), brings this action for monetary damages against her current employer, the State of Connecticut State Library. The Plaintiff alleges claims of discrimination, retaliation, and hostile work environment based upon her race, ethnicity and national origin in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq. (Count One). The Plaintiff further alleges discrimination, retaliation, and hostile work environment in violation of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12111 et seq. due to the Defendant's purported unwillingness to accommodate her chronic asthma (Count Two), and discrimination, retaliation, and hostile work environment in violation of the Connecticut Fair Employment Practices Act (“CFEPA”), Conn. Gen.Stat. § 46a–60 et seq. (Count Three). In addition, the Plaintiff asserts a cause of action for intentional infliction of emotional distress (Count Four). For the reasons stated hereafter, Defendant's motion for summary judgment is granted.

Facts

The following facts relevant to Defendant's motion for summary judgment are undisputed unless otherwise noted. Martinez is a Hispanic female, born in Puerto Rico and a citizen of the State of Connecticut. [Doc. # 32]. In May of 1988, Martinez began working with the Connecticut Library for the Blind and Physically Handicapped, which is a part of the Connecticut State Library system. [ Id.].

Martinez was hired as a “clerk typist,” and she remained employed in that classification at all times relevant to the motion for summary judgment. Martinez alleges that she is working outside of her job classification and asserts that her assigned duties including filing, transfers, answering phones, annotating books, and dealing with the mail are not within the “clerk typist” job classification. [Doc. # 1, Complaint at If 5 and Doc. # 43]. In September of 1996, Martinez filed an internal grievance asserting her belief that she was forced to work outside of her job class; however, after performing an independent investigation, the State Library's Principle Personnel Officer and the State Department of Administrative Services (“DAS”) hearing office found that she was working within her class and her grievance was denied in April of 1997. [Doc. # 32]. Martinez filed a complaint with the Connecticut Commission on Human Rights and Opportunities (“CHRO”) in April of 2009 asserting the she was working outside of her job classification and on April 29, 2009, the CHRO also found that Martinez was working within her class. [Doc. # 32, Ex. C, CHRO Report Summary at 25]. In addition, Martinez alleges that her supervisor, Carol Taylor (“Taylor”) “unlawfully prevented plaintiff from obtaining a class update.” [Doc. # 43]. However, the testimony Plaintiff cites in support of this allegation relates to Martinez's grievance that she was working out of class. See [Doc. 34, Martinez Dep. at 74–78 and 145–156]. Martinez alleges that after this complaint regarding her job classification her workload increased and she was denied training. [Doc. # 43 and Doc. # 34, Martinez Dep. at 130].

Since 1989, Mary Minow (“Minow”) has been a coworker of Martinez. Minow is a white, non-Hispanic female, and employed as a Library Technical Assistant. [Doc. # 32]. Martinez's supervisor Taylor is also a white, non-Hispanic female. Taylor began working with the Library in 1989 as State Library Unit Head and continued in that position at all times relevant to this motion. [Doc. # 32, Ex. B, Taylor Aff. If 3]. Martinez alleges that both Minow and Taylor subjected her to a hostile work environment. [Doc. # 43, Doc. # 1 Complaint If 7]. Martinez's assertion is based on nine derogatory comments made about her Hispanic ancestry and race by Minow: “I cannot believe these stupid people, they come to America, sometimes they do better than us. They do not even speak fluent English, but they want to take over;” “She wants to look like us. She does not understand slang, so you can get away with insulting her by using slang and she would not know what you are talking about;” “Their families are broken, the men beat the women, their children are illiterate;” “How can she pass those classes to get an Associates Degree, if she can hardly speak the language?;” a joke about Martinez's deviled egg dish which Martinez had used to serve the “Puerto Rican desert flan;” a comment that Martinez would be unable to keep the house that she bought, that Minow would call Martinez stupid; and Minow made a remark mocking Martinez for being in a coma. [Doc. # 43]. Martinez did not specify the dates when these comments were made nor did she specify if the comments occurred on the same day or over a period of days, weeks, months or years.

Martinez also alleges that Minow once approached Taylor while Martinez was within earshot and said “Cheers” in regard to the death of Martinez's brother. [Doc. # 43]. Martinez does not state what Minow said to lead her to believe the comment was made in reference to her brother. In addition, Martinez alleges that “Minnow [sic] knows when the plaintiff is crying even though the plaintiff is trying to hide it. Mary looks for opportunity to make we [sic] a fool of the plaintiff or to laugh at or to make fun of her” and that Minow made fun of Martinez's accent. [ Id.]. In her deposition, Martinez was asked to give examples of Defendant's harassing behavior and she testified that once at a pizza party, “there was only one chair that was empty that I assumed that was my chair. And that chair was just facing the—the wall, and it was like saying you're segregated ... it is like telling me you cannot sit with the others.” [Doc. # 34, Martinez Dep. at 186].

Martinez alleges that Taylor “witnessed many of these comments and failed to prevent, stop or address them in any manner whatsoever, despite plaintiff's upset and distress. Instead, Taylor laughed at the offensive remarks.” [Doc. # 43]. However, Taylor denies this and asserts that she was not aware that Minow harassed Martinez at any time and that she did not witness or laugh with Minow at any harassing comments toward Martinez. [Doc. # 32, Ex. B, Taylor Aff. If 23, 26]. Taylor further states that she overheard Minow's coma comment; however, she did not think that it was directed at Martinez or anyone in particular. [ Id., at Taylor Aff. If 25].

The Defendant also highlights that Minow, Taylor and Martinez had a good working relationship for many years. Martinez stated in her deposition that she was friends with both Minow and Taylor, and she further indicated her then present affection by stating “I love Carol Taylor. I'm sorry. I have to say yes.” With respect to Mary Minnow she spoke in the past tense testifying that “Mary was one of my favorites in there. I was always looked up to her.” [Doc. # 34, Martinez Dep. at 110, 123]. Furthermore, Martinez testified that she gave them both birthday cards and that she gave Minow a gift. [ Id., at 120–123]. The record is unclear as to when the comments were made by Minow in relation to the card and gift giving. [ Id.].

Martinez was diagnosed with chronic asthma in 1996. She alleges that her asthma is so severe on one occasion it caused her to lapse into a coma. [Doc. # 43.]. The Defendant was aware that Martinez had asthma, however the Defendant disputes the severity of her asthma. Martinez asserts that she gave Taylor a doctor's note stating that she could not be exposed to excessively cold conditions; however, Taylor states that she never received this note. [Doc. # 34, Martinez Dep. at 199–200; Doc. # 32, Ex. B, Taylor Aff. If 33]. In July or August of 2006, Martinez complained to Taylor that the cold temperature in the library aggravated her chronic asthma. [Doc. # 43]. In response, Taylor adjusted the building temperature to the extent possible. When Martinez complained about the cold in the winter of 2005–2006, Martinez was told on March 30, 2006 that she could have a portable heater at her desk. [Doc. # 34, Martinez Dep. at 203]. Martinez acknowledged in a handwritten note that Taylor informed her that she was unable to adjust the building temperature and that she was allowed to bring in a heater. [ Id.]. Nevertheless, Martinez alleges that Taylor once raised the temperature per the request of a white supervisor in late 2006. [Doc. # 43]. Martinez also admitted in her own deposition testimony that the cold building temperature did not really affect her ability to perform her job functions. [Doc. # 34, Martinez Dep. at 204]. The record is devoid of any facts concerning the exact or even approximate building temperature on any date.

Martinez also generally alleges that she filed complaints of discrimination and harassment and as a result her workload increased. [Doc. # 43]. Besides her grievance that she was working out of her job classification in 1996, Martinez during her deposition only identifies one other time she complained about Minow and Taylor's behavior. Martinez alleges that around July 2006 she complained to her union representative Nancy Buckland that Minow and Taylor discriminated against and harassed her and that Buckland created a written grievance which Martinez signed. However, Martinez testified that she did not know if the grievance was filed. In...